Silvestre Medrano-Alfaro v. United States

968 F.2d 1221 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Silvestre MEDRANO-ALFARO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 91-56147. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1992. * Decided July 15, 1992. Before FLETCHER, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner Medrano-Alfaro pled guilty to possession with intent to distribute methamphetamines. He now collaterally attacks his conviction on the grounds that methamphetamines are not controlled substances because commercial products sold over-the-counter contain them. The petitioner relies upon the exclusion of substances sold over-the-counter from the controlled substance list. 21 U.S.C. § 811 (g)(1). The district court determined that because Medrano-Alfaro pled guilty, he could not raise this challenge. But we have determined that such a challenge may be made after a guilty plea, because the challenge goes to jurisdiction.…